Accessibility statement

Law & Commercial Transactions - LAW00001M

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  • Department: The York Law School
  • Module co-ordinator: Mr. Phillip Morgan
  • Credit value: 20 credits
  • Credit level: M
  • Academic year of delivery: 2020-21

Module will run

Occurrence Teaching cycle
A Autumn Term 2020-21

Module aims

The overall objective of this Module is to help you understand commercial law and particularly the role that property plays in international commerce and its interface with the law of contract in commercial transactions. It is designed to:

  • Provide you with an overview of the transfer and protection of rights in goods and other forms of personal property.
  • Help you to understand the creation of and the role of security rights in personal property and their importance in trade.
  • Help you to acquire knowledge and practical skills that will assist in providing effective and persuasive legal advice to those engaged in international trade.
  • Help you understand how the law of contract can be utilised to provide security and protection to trading parties.
  • Help you understand some of the alternative sources and perspectives of those that have undertaken academic research in law in this area.

Module learning outcomes

When you have completed this module you should be able to demonstrate:

  • An understanding of the classification and definition of rights in property, and property law concepts such as ownership and possession, and an appreciation of the differences between legal and equitable rights in property (MLO1);
  • A depth of knowledge and critical understanding of the methods of protecting rights in personal property, particularly the tort of conversion (MLO2);
  • A critical understanding of the passing of title and property rights in goods, and the ability to advise parties to transactions as to the consequences (MLO3);
  • A critical understanding of the role of bailment in commercial law, and the rights and duties of bailee and bailor (MLO4);
  • The ability to critically analyse the exceptions to the nemo dat rule (MLO5);
  • The ability to use and apply their knowledge and critical understanding of the transfer of property rights to advise parties to transactions when rights in property will pass, and the effects of the passing of title in (simulated) practical situations (MLO6);
  • The ability to use property law concepts to produce a range of solutions to a client to protect it from the risk of insolvency of the other contracting party (MLO7);
  • The ability to identify and critically evaluate academic perspectives on the protection, transfer, use, and creation of rights in personal property (MLO8);
  • The ability to work effectively in a group to deliver these other MLOs (MLO9).

Assessment

Task Length % of module mark
Essay/coursework
Portfolio
N/A 30
Open Examination (7 day week)
Open Exam
N/A 70

Special assessment rules

None

Reassessment

Task Length % of module mark
Essay/coursework
Portfolio
N/A 30
Open Examination (7 day week)
Open Exam
N/A 70

Module feedback

Mark and oral feedback in January on summative assessments. Continuous feedback available in PBL sessions and seminars on formative work.

Indicative reading

Patrick Atiyah (Ed), Atiyah's Sale of Goods, 12th Ed, Longman, 2010.

Hugh Beale (Ed), Chitty on Contracts, 32nd Ed, Sweet and Maxwell, 2015.

Michael Bridge, Personal Property Law, 4th Ed, OUP, 2015.

Michael Bridge (Ed), Benjamin's Sale of Goods, 9th Ed, Sweet and Maxwell, 2014.

Simon Douglas, Liability for Wrongful Interference with Chattels, Hart, 2011.

Anthony Dugdale and Michael Jones, Clerk and Lindsell on Torts, 21st Ed, Sweet and Maxwell, 2016.



The information on this page is indicative of the module that is currently on offer. The University is constantly exploring ways to enhance and improve its degree programmes and therefore reserves the right to make variations to the content and method of delivery of modules, and to discontinue modules, if such action is reasonably considered to be necessary by the University. Where appropriate, the University will notify and consult with affected students in advance about any changes that are required in line with the University's policy on the Approval of Modifications to Existing Taught Programmes of Study.